ISSN: 2456–5474 RNI No.  UPBIL/2016/68367 VOL.- IX , ISSUE- IX October  - 2024
Innovation The Research Concept

The Significance Of Green Criminology: Reassessing Crime And Environmental Justice

Paper Id :  19315   Submission Date :  2024-10-01   Acceptance Date :  2024-10-06   Publication Date :  2024-10-08
This is an open-access research paper/article distributed under the terms of the Creative Commons Attribution 4.0 International, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
DOI:10.5281/zenodo.13907122
For verification of this paper, please visit on http://www.socialresearchfoundation.com/innovation.php#8
Jagdeep Singh
Assistant Professor
Department Of Law
Baba Kundan Singh Memorial Law College
Dharamkot,Jalalabad (E), Dharamkot,Moga, Punjab, India
Abstract
Green criminology emerged from the realization that crimes against the environment pose serious threats to both society and nature. Traditional criminology primarily focuses on offenses against humans and property, often overlooking the harm inflicted on the environment. Green criminologists argue that acts like illegal logging, wildlife trafficking, pollution, and illegal waste disposal should be recognized and studied as criminal acts due to their detrimental impact on ecosystems and human communities. One of the key aspects of green criminology is the critical examination of how societal values, economic systems, and political decisions contribute to environmental crimes. This article explores green criminology, highlighting its emergence as an important area of study in response to environmental issues. It discusses the varying definitions proposed by scholars, pointing out the lack of a universally accepted definition. The significance of green criminology is emphasized, particularly in its role in identifying environmental damage, protecting ecosystems, and addressing the needs of non-traditional crime victims. By challenging conventional notions of crime and justice, green criminology aims to confront urgent global environmental challenges.
Keywords Green Criminology, Global Environmental Challenges.
Introduction

Lynch's publication in 1990 highlighted the necessity of green criminology. Two decades later, a completely new generation of criminologists has emerged, and a few pioneers have undoubtedly made strides in advancing research in the field of green criminology. However, despite these progressions, it would be challenging to assert that green criminology has secured a prominent position within the realm of criminology. In fact, in comparison to various other branches of criminology, green criminological research remains relatively limited due to the conventional definition of criminology, which primarily focuses on human-related harms, all other forms of harm tend to be excluded from its purview.[1]

Green criminology is founded on the essential requirement to treat environmental harm with utmost seriousness. Traditional criminology, for the most part, adopts an anthropocentric approach, with its theories and research centering on humans both as offenders of a crime and as victims as well. On the other hand, green criminology widens this perspective by encompassing the environment (comprising plants, water and land) alongside non-human species such as wild, farmed, and domestic animal. Green criminology departs from a strictly human-centered perspective and adopts a more inclusive outlook, considering a broader range of potential victims of crime or harm.[2]

Objective of study
This article explores green criminology, highlighting its emergence as an important area of study in response to environmental issues.

Review of Literature

Green Criminology- Definition:

A widely acknowledged definition of green criminology is lacking, as criminologists and researchers have developed diverse interpretations and perspectives regarding this concept. Instead of adhering to a strict definition, green criminology has evolved through studies that researchers have identified as pertinent to an environmental outlook.

The term was originally introduced by Michael J. Lynch in his publication titled 'The Greening of Criminology: A Perspective for the 1990s' in the Critical Criminologist journal in 1990 (Lynch, 1990; White, 2008; South, 2014). He proposed the concept of green criminology as an extension of radical criminology and analysis rooted in political economy.

As per the insights of Dr. Gary R. Potter, Green criminology involves examining environmental wrongdoings through the lens of criminology, or the utilization of criminological principles to address matters pertaining to the environment.[3]

In its most fundamental essence, green criminology entails the examination of acts that cause harm to humanity, the environment (including outer space), and non-human animals, perpetrated both by influential establishments (for instance, governmental bodies and multinational corporations) and regular individuals.[4] In contemporary times, as a comprehensive and overarching concept, green criminology pertains to the examination conducted by criminologists concerning environmental damages (which may encompass broader interpretations of wrongdoing beyond those confined to legal definitions), environmental legislation (encompassing enforcement, legal proceedings, and sentencing strategies), and environmental governance (comprising both civil and criminal legal frameworks designed to safeguard and sustain designated ecosystems and species).[5]

The central emphasis of green criminology centers on the realm of environmental wrongdoing. This notion is approached diversely within the expansive scope of green criminology. Some scholars construe environmental crime narrowly, adhering to precise legal specifications: it aligns with what the law explicitly dictates. Conversely, certain perspectives view environmental harm itself as constituting a societal and ecological transgression, irrespective of its legal categorization. In this viewpoint, if actions lead to harm to humans, ecosystems, or animals, critical green criminologists contend that it should be regarded as a 'crime.'[6]
At the core of these principles lies the notion that environmental damage can be deemed detrimental without requiring it to meet the criteria of a criminal offense. As an illustration, a study conducted by the Royal College of Physicians and Royal College of Paediatrics in 2016[7]
revealed a connection between air pollution and 40,000 fatalities. The report also presented evidence indicating that pollution not only contributes to premature mortality but also exacerbates the quality of life for individuals already grappling with respiratory issues. Conventional criminologists might assert that the lack of criminality in air pollution exempts it from study. On the other hand, proponents of green criminology would contend that the absence of a criminal label for air pollution is inconsequential. They highlight that while not classified as a crime, air pollution represents a significant harm that jeopardizes our interconnected ecosystem through repercussions like untimely deaths and the acceleration of global warming.

Green criminologists, in contrast to their conventional counterparts, believe in acknowledging a diverse range of living beings, species, and entities as having inherent rights to life and protection from harm. By granting ecosystems and nonhuman species the status of living entities with their own rights and concerns, green criminology expands its purview to address matters beyond the realm of traditional criminology. This approach enables the exploration of issues that fall outside the conventional boundaries of the field.[8]

Understanding the significance:

Green criminology argues that the historical methods employed by criminal justice systems are insufficient for addressing crimes of greater significance, especially those involving non-traditional victims. It questions conventional notions of crime, injustice, and victimhood, as well as approaches to criminality that may not adequately reflect today’s global challenges. Consequently, the study of green criminology is crucial for identifying acts that, while not necessarily violating traditional criminal laws, are nonetheless profoundly damaging to the environment. Its significance can be outlined through several key factors:

Classifying environmental crimes

The study of green criminology is vital for identifying the scope and areas of environmental damage. Environmental crimes can be categorized in various ways, reflecting different conceptualizations and classifications. From the perspective of environmental law, for instance, the notion of environmental harm encompasses a broad range of issues, some of which are subject to criminal penalties, while many are not. This area of law focuses on protecting resources like water, air, land, and biodiversity. Additionally, concerns related to employee health and unsafe indoor environments fall under the umbrella of environmental harm. Although scholars have long examined issues related to environmental crime without specifically labeling their work as "green criminology," there has been a recognized need to establish this field as a distinct branch of criminology to address these challenges more effectively. Over the past two decades, green criminology has developed into a unique area of research and intervention, facilitating the classification of environmental damages.[9]

Safeguarding Human, Non-Human, and Ecological Systems from Environmental Hazards:

There is a growing trend within criminology to acknowledge the importance of harms inflicted on the environment, as well as on both human and non-human species, as critical areas for research and discussion. Green criminology advocates for a reevaluation of conventional ideas about crime, offenses, and harmful behaviors, urging a closer look at how societies contribute to environmental damage and the well-being of all species reliant on ecological systems. Criminology must take into account the limited nature of Earth's resources and recognize that overexploitation and misuse lead to both longstanding and emerging issues of criminological significance. While this does not represent an entirely novel perspective within the field—since some criminologists have previously explored various environmental threats and crimes—the increasing global awareness of environmental issues suggests that there is still much important work to be done. The study of green criminology plays a crucial role in assessing contemporary environmental destruction as new forms of crime. This evaluation, in turn, contributes to the protection of human, non-human, and ecological systems from these hazards.[10]

Reformulating Penological Models for Environmental Offences in the Criminal Justice System:

As green criminology evolves, scholars are engaged in discussions about what qualifies as green crime, often based on their theoretical perspectives. A legalistic definition suggests that only actions breaching criminal law can be classified as environmental crimes. Many authors favor this view because it empowers law enforcement to address these issues. For instance, certain forms of ecological harm, like poaching, can be framed within legal parameters. However, this strict legal definition poses challenges for areas such as toxic waste and pollution regulations, as companies may legally pollute if they secure the necessary permits. Despite being lawful, these activities can still lead to significant ecological damage. Consequently, Clifford and Edwards (2012, 115) argue that environmental crime should be distinguished from environmental harm. With the emergence of green criminology, the scope of green crimes has expanded to encompass not only traditional environmental offenses but also harms that occur outside the realm of legality. Analyzing the formulation and enforcement of environmental policies is vital, as these frameworks influence perceptions of green crime. Given the severe repercussions of ecological degradation, it is essential to give these issues considerable criminological focus. Green criminology can play a pivotal role in redefining green crime and reforming penological models within the criminal justice system to effectively address these pressing challenges. [11]

Green Criminology and the structure for assessing environmental damages

In straightforward terms, the connection between environmental concerns and criminology occurs across these distinct levels.

Initially, we can recognise a spectrum of criminal justice activities and illegal acts that have a direct connection to the environmental issues.

Secondly, we can view the examination of environmental harm as a natural extension of the long-established tradition in both sociology and criminology, where there is a critical inquiry into the fundamental definition of crime and the core subjects explored in criminology.

Lastly, there are several areas where environmentalists can gain valuable insights from the expertise of sociologists and criminologists who have been operating within the framework of conventional crime studies.[12]

Actors of Green Crimes

Green criminology examines various actors involved in environmental offences. These can range from large corporations and organised crime networks to individual poachers and smugglers. It also includes the role of governments, which may perpetrate crimes against the environment or fail to enforce appropriate laws and regulations. Understanding the motivations and incentives behind these actors is crucial for developing effective strategies to combat environmental crimes.

The primary goal of the school of green criminologists has been to create a theory that can effectively tackle green crimes, encompassing all their research work and dedication.[13]

Conclusion

In conclusion, green criminology represents a critical advancement in our understanding of environmental harm and justice. By extending the focus of traditional criminology beyond human-centric offenses, this field acknowledges the significant threats posed by environmental crimes such as pollution, wildlife trafficking, and illegal logging. The emergence of green criminology has underscored the necessity of recognizing and addressing the diverse impacts of these crimes on both ecosystems and human communities.

As discussed, the lack of a universally accepted definition highlights the evolving nature of this field, allowing for various interpretations that reflect the complexity of environmental issues. Green criminology not only categorizes environmental crimes but also seeks to reformulate responses within the criminal justice system, advocating for more inclusive and effective measures to protect both human and non-human victims.

Ultimately, green criminology is essential for fostering a more comprehensive understanding of crime that includes environmental degradation. As the world grapples with escalating ecological crises, the insights and frameworks developed within this field will be crucial in shaping effective policies and interventions aimed at safeguarding our planet for future generations. Through continued research and advocacy, green criminologists can play a pivotal role in advancing environmental justice and promoting a more sustainable coexistence with our natural world.
References
  1. Michael J. Lynch, Paul B. Stretesky, Exploring Green Criminology: Toward a Green Criminological Revolution 3-4 (Ashgate Publishing Ltd, Aldershot, Hampshire, United Kingdom, 2014)
  2. Dr. Gregory Simmons; Dr. Mark Vardy; and Dr. Rochelle Stevenson, What is Green Criminology? available at: https://kpu.pressbooks.pub/introcrim/chapter/13-1-what-is-green-criminology/ (visited on July 29, 2023).
  3. Dr Gary R. Potter, “What is Green Criminology?” London South Bank University, UK, available at: https://www.academia.edu/1572519/What_is_Green_Criminology (Visited on July 22, 2023)
  4. Piers Beirne and Nigel South (eds.), Issues in Green Criminology (Routledge, 2013)
  5. White, R., Theorizing Green Criminology: Selected Essays 11-13 (Taylor & Francis. United Kingdom, 2021) 
  6. ibid
  7. Annual Review 2016, available at: https://www.rcpch.ac.uk/
  8. Michael J. Lynch and Michael A. Long, “Green Criminology: Capitalism, Green Crime and Justice, and Environmental Destruction” Annual Review of Criminology, 255-276, 2022.
  9. Rob White, Diane Heckenberg, Green Criminology:An Introduction to the Study of Environmental Harm ( Taylor and Francis, 2014)
  10. Piers Beirne, Green Criminology  14-15 (Taylor and Francis, 2017)
  11.   Michael J. Lynch, Michael A. Long, Paul B. Stretesky, Kimberly L. Barrett, Green Criminology Crime, Justice, and the Environment 12-15 (University of California Press, 2017)
  12. White, R. (2014) “Green Criminology” available at: https://doi.org/10.4324/9780203096109 (visited on July 26, 2012)
  13. A. Brisman, and, N. South, the growth of a field: a short history of “green” criminology (2020).